[Foundation] Jabber Name

Thomas Charron tcharron at ductape.net
Thu May 17 07:18:10 CDT 2001


From: "Martin Rogard" <martin at vibes.net>
Subject: RE: [Foundation] Jabber Name
> Example Case:
> * I ship a product (and this product is actually a box, not just a
service)
> with a 'Powered by Jabber' logo
> * Microsoft buys WEBB
> * Microsoft decides that Jabber.org cannot use the Jabber trademark
> * I can't ship my product anymore, and Microsoft wants me to stop my
> jabber-fr.com website ;-)

    Extreme example.  But I don't believe that Microsoft in this case could
revoke the use licence that was issued prior.  Now, this takes into
consideration that there was something in writing here, but hey.  That'd be
like you buying a car, then a few months later, have the company decide it
wants the car back..  8)

> This is why I am in favor of Jer position yesterday: Jabber.Com needs to
> transfer the trademark to the Foundation, and the Foundation may allow
only
> Jabber.Com to use the name Jabber in product name/company name.

    I would tend twards that side of the fence, but something to remember..

    Jabber.com may not be ABLE to do this.  Rememeber, trademarks have
monatary value.  They are a publically held company.  Start giving stuff
away, and you quickly find yourself in the midst of lawsuites by
shareholders.  'Specially when dealing with smaller companies who are in
tough spots right now..

> I think it's fair that Jabber.com is the only company to use the name
Jabber
> in product name/company name because they are the one who protected the
> trademark. But I don't think it will be a wise move for Jabber.com to keep
> the Jabber trademark. I agree with DJ's statement that 'Jabber' is the
> protocol and the philosophy and it's a threat for Jabber movement that a
> public company owns that name.

    I have to tend to agree with you there.  There is also the fact that we
could all just simply ignore the trademark issue.  Technically, it's not an
issue untill j.c MAKES it an issue.  And one could argue down several paths
that the trademark on the phrase jabber doesn't apply, or has been vacated
long ago.  Of course, this one could lead to money, lawyers, etc.  8(





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